transnet soc ltd · 2017. 1. 19. · transnet request for quotation no crac-jhb-23088 page 3 of 52...

Template RFQ without LC September 2016

TRANSNET FREIGHT RAIL a division of

TRANSNET SOC LTD

Registration Number 1990/000900/30

[hereinafter referred to as Transnet]

REQUEST FOR QUOTATION [RFQ] No CRAC-JHB-23088

FOR THE PROVISION OF: PROFESSIONAL SERVICE PROVIDERS TO DO A

REQUIRED DETAILED / FINAL DESIGNS FOR A

HOUSING PROJECT AT POSTMANSBURG FOR THE

PERIOD OF THREE [3] MONTHS.

FOR DELIVERY TO: POSTMANSBURG, NORTHERN CAPE

ISSUE DATE: 18 JANUARY 2017

BRIEFING SESSION DATE: 25 JANUARY 2017

BRIEFING SESSION VENUE: 8 HILL SIDE ROAD, PARKTOWN, JOHANNESBURG

GROUND FLOOR BOARDROOM

BRIEFING SESSION TIME: 12:00 PM

CLOSING DATE: 02 FEBRUARY 2017

CLOSING TIME: 10:00 AM

VALIDITY PERIOD: 31 MAY 2017

PLEASE NOTE: THE BRIEFING SESSION IS COMPULSORY, BRING THE VALID

TENDER DOCUMENT. RESPONDENTS FAILING TO ATTEND WILL BE

DISQUALIFIED.

Transnet Request for Quotation No CRAC-JHB-23088 of 52

Section 1

NOTICE TO BIDDERS

1 Invitation to bid

DESCRIPTION

For The Provision Of Professional Service Providers To Do A Required

Detailed / Final Designs For A Housing Project At Postmansburg For The Period Of 3 Months.

BID FEE AND BANKING

DETAILS

R250.00 [inclusive of VAT] per set. Payment is to be made as follows:

Account Name : Transnet Freight Rail Account : Standard Bank

Account number : 203158598 Branch code : 004805

NOTE – This amount is not refundable. A receipt for such payment made must be presented when collecting the RFP documents and

submitted thereafter with your Proposal.

INSPECT / COLLECT DOCUMENTS FROM

This bid may be downloaded free of charge directly from the Transnet Freight Rail tender website at;

http://www.transnetfreightrail-tfr.net/Supplier/Pages/Tenders.aspx Alternatively, this RFQ may be purchased at R250 [inclusive of VAT] per

set for those Bidders that require a copy from Transnet rather than downloading from the website. If a copy of the tender document is

required, prior arrangements must be made one (1) day in advance and the tender document may be collected between 09:00 and 15:00 from

18 January 2017 until 24 January 2017.

This RFQ may be picked up from the following address: RECEPTION, TENDER ADVICE CENTRE, INYANDA HOUSE 1,

GROUND FLOOR, 21 WELLINGTON ROAD, PARKTOWN, JOHANNESBURG

COMPULSORY BRIEFING SESSION

A compulsory briefing session will be conducted at 8 Hill Side Road, Parktown, Johannesburg on the 25 January 2017 at 12:00pm for a

period of ± 2 hours. [Respondents to provide own transportation and accommodation]. The briefing session will start punctually and

information will not be repeated for the benefit of Respondents arriving late.

1.1 A Certificate of Attendance set out in Annexure B page 34 hereto must be completed and submitted with your Proposal as proof of attendance is required for a compulsory briefing.

1.2 Respondents failing to attend the compulsory site

meeting and/or RFP briefing will be disqualified.

CLOSING DATE

10:00 AM on Thursday 02 February 2017

This tender shall close punctually at the following address: The Chairperson, Transnet Freight Rail Acquisition Council,

Inyanda House 1, 21 Wellington Rd, Parktown, JOHANNESBURG, 2001.

As a general rule, if a bid is late or delivered to the incorrect address, it will not be accepted for consideration.

VALIDITY PERIOD

90 Business Days from Closing Date. End of validity period: 31 May 2017

Bidders are to note that they may be requested to extend the validity period of their bid, on the same terms and conditions, if the internal

evaluation process has not been finalised within the validity period.

SPECIAL CONDITIONS

Bidders are to note that this bid may also be downloaded directly from the Transnet Freight Rail tender website free of charge. If Bidders

intend to download the bid off the Portal, they are required to indicate their intention to respond to this bid by 24 January 2017 by sending

an email with their contact details to the following address: [email protected]. This is to ensure that any

required communication (e.g. addenda to the bid) in relation to this bid reaches those intending to respond.


Transnet will not be held liable if Bidders do not respond by

this date and do not receive the latest information regarding this Bid as a result thereof.

RFQ ANNEXURES

ANNEXURE A: COMPLAINCE TO SPECIFICATION (CLAUSE BY CLAUSE

DECALRATION) PART 1 & PART 2.

ANNEXURE B: CERTIFICATE OF ATTENDANCE OF COMPULSORY RFQ

BRIEFING.

ANNEXURE C: SUPPLIER DECLARATION FORM (VENDOR FORM).

ANNEXURE D: GENERAL BID CONDITIONS.

2 Responses to RFQ

Responses to this RFQ [Quotations] must not include documents or reference relating to any other

quotation or proposal. Any additional conditions must be embodied in an accompanying letter.

3 Broad-Based Black Economic Empowerment [B-BBEE]

Transnet fully endorses and supports the Government’s Broad-Based Black Economic Empowerment

Programme and it would therefore prefer to do business with local business enterprises who share these

same values. As explained in more detail in the B-BBEE Claim Form (Section 6), Transnet will award

preference points to companies who provide proof of their B-BBEE status using either the latest version of

the generic Codes of Good Practice or Sector Specific Codes (if applicable).

The value of this bid is estimated to exceed R1 000 000 (all applicable taxes included); and therefore the

90/10 system shall be applicable.

Respondents are required to complete Section 6 and submit it together with valid proof of their B-BBEE

Status as stipulated in the Claim Form in order to obtain preference points for their B-BBEE status.

Respondents are required at all times to comply with the latest B-BBEE legislation and/or instruction notes as

issued from time to time by the DTI.

Note: Failure to submit valid and original (or certified copy of) proof of the Respondent’s

compliance with the B-BBEE requirements stipulated in Section 6 of this RFQ (the B-BBEE

Preference Points Claim Form) at the Closing Date of this RFQ, will result in a score of zero

being allocated for B-BBEE.

4 Communication

Respondents are warned that a response will be liable for disqualification should any attempt be made by a

Respondent either directly or indirectly to canvass any officer(s) or employee of Transnet in respect of this

RFQ between the closing date and the date of the award of the business.

A Respondent may, however, before the closing date and time, direct any written enquiries relating to the

RFQ to the following Transnet employee:

Name: Moleboheng Tladi Email: [email protected]

Telephone: 011 584 1071


Respondents may also, at any time after the closing date of the RFQ, communicate with the Secretariat of

the Transnet Acquisition Council on any matter relating to its RFQ response:

NAME Email address Telephone Fax

Lolo Sokhela [email protected] 011 544 9494 011 774 9186

Thuli Mathebula [email protected] 011 544 9497 011 774 9129

5 Legal Compliance

The successful Respondent shall be in full and complete compliance with any and all applicable national and

local laws and regulations.

6 Changes to Quotations

Changes by the Respondent to its submission will not be considered after the closing date and time.

7 Pricing

All prices must be quoted in South African Rand on a fixed price basis, excluding VAT.

8 Prices Subject to Confirmation

Prices quoted which are subject to confirmation will not be considered.

9 Binding Offer

Any Quotation furnished pursuant to this Request shall be deemed to be an offer. Any exceptions to this

statement must be clearly and specifically indicated.

10 Disclaimers

Transnet is not committed to any course of action as a result of its issuance of this RFQ and/or its receipt of

a Quotation in response to it. Please note that Transnet reserves the right to:

• modify the RFQ’s goods / service(s) and request Respondents to re-bid on any changes;

• reject any Quotation which does not conform to instructions and specifications which are detailed

herein;

• disqualify Quotations submitted after the stated submission deadline;

• not necessarily accept the lowest priced Quotation or an alternative bid;

• reject all Quotations, if it so decides;

• place an order in connection with this Quotation at any time after the RFQ’s closing date;

• award only a portion of the proposed goods / service/s which are reflected in the scope of this RFQ;

• split the award of the order/s between more than one Supplier/Service Provider should it at Transnet’s

discretion be more advantageous in terms of, amongst others, cost or developmental considerations;

• make no award at all;

• validate any information submitted by Respondents in response to this bid. This would include, but is

not limited to, requesting the Respondents to provide supporting evidence. By submitting a bid,

Respondents hereby irrevocably grant the necessary consent to Transnet to do so;

• request audited financial statements or other documentation for the purposes of a due diligence

exercise; and/or


• not accept any changes or purported changes by the Respondent to the bid rates after the closing

date and/or after the award of the business, unless the contract specifically provides for it.

Should a contract be awarded on the strength of information furnished by the Respondent, which after

conclusion of the contract, is proved to have been incorrect, Transnet reserves the right to cancel the

contract and/or place the Respondent on Transnet’s list of Restricted Suppliers.

Transnet reserves the right to undertake post-tender negotiations [PTN] with selected Respondents or any

number of short-listed Respondents, such PTN to include, at Transnet’s option, any evaluation criteria listed

in this RFQ document. In the event of any Respondent being notified of such short-listed/preferred bidder

status, his bid, as well as any subsequent negotiated best and final offers (BAFO), will automatically be

deemed to remain valid during the negotiation period and until the ultimate award of business.

Should the preferred bidder fail to sign or commence with the contract within a reasonable period after being

requested to do so, Transnet reserves the right to award the business to the next highest ranked bidder,

provided that he/she is still prepared to provide the required goods at the quoted price.

Under such circumstances, the validity of the bids of the next ranked bidder(s) will be deemed to remain

valid, irrespective of whether the next ranked bidder(s) were issued with a Letter of Regret. Bidders may

therefore be requested to advise whether they would still be prepared to provide the required goods at their

quoted price, even after they have been issued with a Letter of Regret.

Transnet reserves the right to lower the threshold for Technical from 70% to 60% if no Bidders

pass the predetermined minimum threshold.


11 Specification/Scope of Work

The service provider to be appointed will undertake Review of available reports i.e. Traffic Impact Assessment study

(TIA), the land Survey and the Geotechnical study; Preliminary Design; Detailed Design Construction Supervision

and Close out for the Postmansburg Housing Project.

The design and construction of services is to be in accordance with TFR Engineering Design Standards, South

African National Standards (SANS) 10400, 10120 and 10142, National Housing Builders Regulation Council, Red

Book (Guidelines for Human Settlement Planning and design) and engineering best practice. The detailed designs

for services reticulation includes an existing township i.e. Stasie community of 60 stands/houses and 150 vacant

stands of an approved township development. The plan is to expand the new development to 185 houses in the

future, therefore some requirements in the scope refer and require detailed designs and cost estimates for 185

houses. The 245 houses is derived from the total of household inclusive of the 185 erven of new development and

the 60 houses of Stasie township.

The project scope is summarized as follow:

11.1 ROADS Planning, detailed designs and specifications, with a complete

detailed Bill of Quantities of paved access roads at a new

Municipal approved township (150 erven) and Stasie township

(60) houses:

• Design of 60mm interlocking brick internal roads with

adequate kerbs. The design is to be inclusive of

design onto major linking roads. Intersection designs

of these are to be as per the TIA’s findings and

provincial roads guidelines.

• Drainage: V-drain and underground storm water

pipes where necessary. An effective storm water

management system, the design shall take into

consideration runoff from development.

• Signage: Directional signage, road marking and

speed humps where necessary;

• Provision of detailed as-built drawings with finishes

schedule and maintenance guidelines.

11.2 WATER RETICULATION &

WATER TANK

Planning, detailed designs and specifications, with a complete

detailed Bill of Quantities of water supply reticulation and a

water tank to accommodate 210 households and 1 x

community centre:

• Design (layout, sizes, materials, valves etc) of

adequate water supply reticulation and connection to

existing Municipal water infrastructure.

• Determine the capacity of Municipal water required


to supply the development of 185 households.

• Water tank: Detailed design and size quantification

for adequate water storage tank to accommodate

245 households. Cost effective water tank material to

be used.

• Provide Bill of Quantities for the water tank

• Location: The water tank positioning must be within

the housing development, with appropriate height

and without posing social and structural risk to the

community.

• Determine the pressure and capacity of water

required to fill and operate the storage tank.



• Layout of the location of fire hydrants including Bill

of Quantities.

11.3 ELECTRICAL RETICULATION Planning, detailed designs and specifications, with a complete

detailed Bill of Quantities of electrical supply reticulation and

amenities to accommodate 210 households and 1 x

community centre:

• Design (layout, cables, kiosks etc) of adequate

electrical supply reticulation and systems.

• Determine Municipal electricity capacity required and

power factor correction for 185 households;

• Adequate street lighting quantification, specification

and location;



• Final designs of electrical distribution including

substations, switch panels and switchgear,

transformers, cables/conductors and facility

distribution boards.

• Source option for Power Purchase Agreement for

Solar Energy.


11.4 SEWER RETICULATION Planning, detailed designs and specifications, with a complete

detailed Bill of Quantities of sewer reticulation and amenities

to accommodate 210 households and 1 x community centre:

• Design (layout, gradient, sizes, materials, manholes,

rodding eyes etc) of adequate sewer network

including discharge to existing Municipal

infrastructure.

• Determine the sewer capacity to accommodate 185

households.



11.5 HOUSES

- 60 houses of 80m² (2 bedroom)

- 90 houses of 90m² (3 bedroom)

Detailed architectural designs and working drawings of 150

dwelling house(s) with a complete detailed Bill of Quantities

for construction;

• Design: Strip foundation plaster and paint brickwork

walls houses – Municipal approved;

• House foundations details with bending schedule

• Drawings: floor plan(s), sections, elevations, site

layout, boundary fence design, electrical points

layout;

• Typical finishes: steel window and door frames,

timber doors;

• Cost effective roof complete with steel gutters and

downpipes, linked to the water harvesting facilities;


schedule, windows and doors schedules.

• Lighting and power socket layout per facility/house.

Provision to be made for electric water heating for

likelihood of periods of inadequate solar energy

source.

• Services layout (sewer, water) on drawing to indicate

main line connection

• Individual house services reticulation designs

• The cost of the demolition of existing foundations and

cutting of trees on site.

• See through boundary fence between new

development and informal settlement.

• Outdoor/external wash basin


11.6 HOUSE INTERIOR • Design and layout of Kitchen and bedrooms Built in

cupboards( BIC)

• BIC Bill of Quantities for 150 houses and finishes

schedule

11.7 SOLAR GEYSERS South African Bureau of Standards (SABS) approved solar

geyser for 150 houses.

• Capacity: 200 litres each

• Bill of Quantities and costing per geyser

• Provision of solar geyser operation and maintenance

manual.

11.8 WATER & ELECTRICITY METERS

SABS approved meters for 150 houses.

• Water and electricity meters compatible to the

Municipality system

• Costing per meter and Bill of Quantities

• Provision of meter operation and maintenance

manual.

11.9 SITE DEVELOPMENT PLAN FOR

150 ERVEN

• Site development master plan, with individual with

appropriate landscaping for the erven.

• Indication of street furniture, servitudes and major

manholes.

11.10 PROJECT MANAGEMENT • Provide a detailed project plan with time frames for

completion

• Provide project cash flows for a period 3 months

• Provide a project methodology and a quality

management plan in the project execution

11.11 DISBURSEMENT • The project cost estimates to include the

disbursements (travelling costs) relating to the

project.

11.12 General notes

- All designs in the scope must be detailed designs for construction

- A detailed Bill of Quantities for all materials in the designs to be included.

- A detailed designs report should be provided with total project construction costs and a cost breakdown of

project items.

- All materials proposed, provide an indication of the life span and bill of quantities.

- The services reticulation and detailed designs i.e. street lighting, storm water drainage should include the

existing township i.e. the Stasie community.

- Road works and detailed designs should include the upgrade of the adjacent Stasie Community.

- The service provider to check the size and type of pipes from the Municipal services.


12 Legal review

A Proposal submitted by a Respondent will be subjected to review and acceptance or rejection of its

proposed contractual terms and conditions by Transnet’s Legal Counsel, prior to consideration for an award

of business.

13 Security clearance

Acceptance of this bid could be subject to the condition that the Successful Respondent, its personnel

providing the goods and its subcontractor(s) must obtain security clearance from the appropriate authorities

to the level of CONFIDENTIAL/ SECRET/TOP SECRET. Obtaining the required clearance is the responsibility

of the Successful Respondent. Acceptance of the bid is also subject to the condition that the Successful

Respondent will implement all such security measures as the safe performance of the contract may require.

14 National Treasury’s Central Supplier Database

Respondents are required to self-register on National Treasury’s Central Supplier Database (CSD) which has

been established to centrally administer supplier information for all organs of state and facilitate the

verification of certain key supplier information. Transnet is required to ensure that price quotations are

invited and accepted from prospective bidders listed on the CSD. Business may not be awarded to a

Respondent who has failed to register on the CSD. The CSD can be accessed at https://secure.csd.gov.za/.

Respondents are required to provide the following to Transnet in order to enable it to verify information on

the CSD:

Supplier Number: ____________ Unique registration reference number: _____________.

15 Tax Compliance

Regulation 14 of the Preferential Procurement Regulations, 2011 issued in terms of the Preferential

Procurement Policy Framework Act (PPPFA) states that no tender may be awarded to any person whose tax

matters have not been declared by the South African Revenue Services (SARS) to be in order.

15.1 New Tax Compliance Status (TCS) System

SARS has implemented a new Tax Compliance Status (TCS) system in terms of which a taxpayer is now able

to authorise any 3rd party to verify its compliance status in one of two ways: either through the use of an

electronic access PIN, or through the use of a Tax Clearance Certificate obtained from the new TCS system.

Respondents are required to provide the following to Transnet in order to enable it to verify their tax

compliance status:

Tax reference number: _______________

Tax Clearance Certificate & TCC Number: ____________ and PIN: _____________.

15.2 Tax Compliance Requirements for Foreign Entities

Tax compliance requirements are not applicable to foreign bidders/individuals with no South African tax

obligations. Where foreign bidders seek to be exempted from the requirement to submit a tax clearance

certificate / tax clearance PIN issued by SARS, such entities are required to complete a sworn affidavit on

their tax obligation categorization. The affidavit must confirm an answer of “No” to all questions below in

order for a Respondent to be regarded as being exempt from submitting a tax clearance certificate or tax

clearance PIN:

a) Is the entity a tax resident of the Republic of South Africa (RSA)?

b) Does the entity have a branch/locally registered entity in the RSA?


c) Does the entity have a permanent establishment in the RSA?

d) Does the entity have any source of income (income is defined as per the Income Tax Act 58 of 1962 as

the amount remaining of the gross income of any person for any year or period of assessment after

deducting therefrom any amounts exempt from normal tax under Part I of Chapter II of the Act) in the

RSA in the current tax year?

e) Is the entity liable in the RSA for any form of taxation in the current tax year?

If a Respondent’s answers to any one (or more) of the questions above changes to a “Yes” at any time

during the bid process and/or after award of the contract (should a particular Respondent be successful),

then the Respondent undertakes to comply with its tax obligations and to report to Transnet accordingly with

either a tax clearance certificate / tax clearance PIN issued by SARS.

16 Protection of Personal Data

In responding to this bid, Transnet acknowledges that it may obtain and have access to personal data of the

Respondents. Transnet agrees that it shall only process the information disclosed by Respondents in their

response to this bid for the purpose of evaluating and subsequent award of business and in accordance with

any applicable law. Furthermore, Transnet will not otherwise modify, amend or alter any personal data

submitted by Respondents or disclose or permit the disclosure of any personal data to any Third Party

without the prior written consent from the Respondents. Similarly, Transnet requires Respondents to process

any personal information disclosed by Transnet in the bidding process in the same manner. The detailed

mutual duties of Transnet and the Respondents to protect personal information is contained in paragraph 37

of the General Bid Conditions.

Transnet urges its clients, suppliers and the general public to report any fraud or corruption to

TIP-OFFS ANONYMOUS: 0800 003 056

Transnet Request for Quotation No: CRAC-JHB-23088 RFQ for the Provision of Professional Service Providers To Do A Required Detailed / Final Designs For A Housing Project At Postmansburg For The Period Of Three [3] Months. of 52 Returnable Document

RFQ FOR THE PROVISION OF: PROFESSIONAL SERVICE PROVIDERS TO DO A REQUIRED

DETAILED / FINAL DESIGNS FOR A HOUSING PROJECT AT POSTMANSBURG FOR THE

PERIOD OF THREE [3] MONTHS.

METHOD: [post and/or courier/hand deliver]

CLOSING VENUE: TRANSNET FREIGHT RAIL, INYANDA HOUSE 1, 21 WELLINGTON ROAD,

PARKTOWN, JOHANNESBURG

CLOSING DATE & TIME: 02 FEBRUARY 2017 @ 10:00AM

VALIDITY PERIOD: 90 [Ninety] Business Days

SECTION 2

EVALUATION CRITERA AND RETURNABLE DOCUMENTS

1 Evaluation Criteria

Transnet will utilise the following criteria [not necessarily in this order] in choosing a Supplier/Service

Provider, if so required:

Criterion/Criteria Explanation

Administrative

responsiveness

Completeness of response and returnable documents:

• Submission of Mandatory Documents / Schedules

• Submission of Essential Documents / Schedules

• Submission of Other Documents / Schedules

• All pages of the tender submission is signed by the

Bidder/Respondent

• Letter of Good Standing

• Bidders must be registered with the National Treasury (CSD) Central

Supplier Data Base prior to award

Substantive

responsiveness

• Compliance to Specification (Clause by Clause Declaration)

• Qualifications of key staff (assigned personnel) in relation to the scope of

work i.e. Civil Engineer, Electrical Engineer, Architect and Quantity

Surveyor

• Proof of professional registration at respective professional bodies i.e.

ECSA, ASAQS, and SACAP.

• Pricing Schedule Submitted & All Items on Pricing Schedule must be

Priced

Functionality

Threshold

As prescribed in terms of the Preferential Procurement Policy Framework Act

(PPPFA), Act 5 of 2000 and its Regulations, Respondents are to note that functionality is included as a threshold with a prescribed percentage threshold of

70%.

• Proof of demonstrated experience (past performance) in construction

projects - 40%

• Adequacy of proposed methodology, project plan, time frames and cash

flows - 30%

• Quality assurance systems which ensure compliance with stated project

requirements - 30%

Final weighted

evaluation based

on 90/10

preference point

• Pricing and price basis [firm]

• B-BBEE status of company - Preference points will be awarded to a bidder for

attaining the B-BBEE status level of contribution in accordance with the table

indicated in Section 6: B-BBEE Claim Form.


2 Validity Period

Transnet desires a validity period of 90 [ninety] Business Days from the closing date of this RFQ.

Bidders are to note that they may be requested to extend the validity period of their bid, on the same terms

and conditions, if the internal evaluation process has not been finalised within the validity period. However,

once the adjudication body has approved the process and award of the business to the successful bidder(s),

the validity of the successful bidder(s)’ bid will be deemed to remain valid until a final contract has been

concluded.

With regard to the validity period of short-listed bidders, please refer to Section 1, paragraph 9.

This RFQ is valid until 30 April 2017.

3 Disclosure of Prices Quoted

Respondents are to note that, on award of business, Transnet is required to publish the tendered prices and

preferences claimed of the successful and unsuccessful Respondents inter alia on the National Treasury e-

Tender Publication Portal, (www.etenders.gov.za), as required per National Treasury Instruction Note 01 of

2015/2016.

4 Returnable Documents

Returnable Documents means all the documents, Sections and Annexures, as listed in the tables below.

All Returnable Sections, as indicated in the header and footer of the relevant pages, must be

signed, stamped and dated by the Respondent.

a) Respondents are required to submit with their Quotations the Mandatory Returnable Documents,

as detailed below.

Failure to provide all these Mandatory Returnable Documents at the Closing Date and time

of this RFQ will result in a Respondent’s disqualification. Respondents are therefore urged

to ensure that all these Documents are returned with their Quotations.


Please confirm submission of these mandatory Returnable Documents by so indicating [Yes or No] in

the tables below:

Mandatory Returnable Documents Submitted

[Yes or No]

SECTION 2 :

• Compliance to Specification (Clause by Clause Declaration) – Annexure A Part 1

& Part 2

• Qualifications of key staff (assigned personnel) in relation to the scope of work

i.e. Civil Engineer, Electrical Engineer, Architect and Quantity Surveyor

• Proof of professional registration at respective professional bodies i.e. ECSA,

ASAQS, and SACAP.

SECTION 3 :

• Quotation Form

b) Essential Returnable Documents

In addition to the requirements of section (a) above, Respondents are further required to submit with their

Proposals the following Essential Returnable Documents as detailed below.

Essential Returnable Documents required for evaluation purposes:

Failure to provide all Essential Returnable Documents used for purposes of scoring a bid, by the

closing date and time of this bid will not result in a Respondent’s disqualification. However,

Bidders will receive an automatic score of zero for the applicable evaluation criterion. Bidders

are therefore urged to ensure that all these documents are returned with their Proposals.

Please confirm submission of these essential Returnable Documents by so indicating [Yes or No] in the table

below:

ESSENTIAL RETURNABLE DOCUMENTS USED FOR SCORING SUBMITTED

[Yes or No]

- Valid and original (or a certified copy) proof of Respondent’s compliance to

B-BBEE requirements stipulated in Section 6 of this RFQ:

Other Essential Returnable Documents:

Failure to provide other essential Returnable Documents may result in a Respondent’s disqualification.

Bidders are therefore urged to ensure that all these documents are returned with their Proposals.


Please confirm submission of these essential Returnable Documents by indicating Yes or No in the table

below:

5 CONTINUED VALIDITY OF RETURNABLE DOCUMENTS

The successful Respondent will be required to ensure the validity of all returnable documents, including but

not limited to its Tax Clearance Certificate and valid B-BBEE Verification Certificate, for the duration of any

contract emanating from this RFQ. Should the Respondent be awarded the contract [the Agreement] and

fail to present Transnet with such renewals as and when they become due, Transnet shall be entitled, in

addition to any other rights and remedies that it may have in terms of the eventual Agreement, to terminate

such Agreement forthwith without any liability and without prejudice to any claims which Transnet may have

for damages against the Respondent.

OTHER ESSENTIAL RETURNABLE DOCUMENTS & SCHEDULES SUBMITTED

[Yes or No]

- In the case of Joint Ventures, a copy of the Joint Venture Agreement or written

confirmation of the intention to enter into a Joint Venture Agreement

- Latest Financial Statements signed by your Accounting Officer or latest Audited Financial Statements plus 2 previous years

ANNEXURE B : Certificate of attendance of compulsory RFQ Briefing

Tax Clearance Certificate or electronic access PIN obtained from SARS’s new Tax Compliance

Status (TCS) system [Consortia / Joint Ventures must submit a separate Tax Clearance Certificate for each party]

SECTION 4: Certificate of Acquaintance with RFQ Documents

SECTION 5: RFQ Declaration and Breach of Law Form

SECTION 6: B-BBEE Preference Claim Form


SECTION 3

QUOTATION FORM AND CERTIFICATE OF ACQUAINTANCE WITH RFQ DOCUMENT

I/We_________________________________________________________________________________

hereby offer to supply the goods/services at the prices quoted in the Price Schedule below, in accordance

with the conditions related thereto.

I/We agree to be bound by those terms and conditions in:

• the Standard RFQ Terms and Conditions for the Supply of Goods or Services to Transnet; and

• any other standard or special conditions mentioned and/or embodied in this Request for Quotation.

I/We accept that unless Transnet should otherwise decide and so inform me/us, this Quotation [and, if any,

its covering letter and any subsequent exchange of correspondence], together with Transnet’s acceptance

thereof shall constitute a binding contract between Transnet and me/us. I/We further agree that if, after

I/we have been notified of the acceptance of my/our Quotation, I/we fail to deliver the said goods/service/s

within the delivery lead-time quoted, Transnet may, without prejudice to any other legal remedy which it

may have, cancel the order and recover from me/us any expenses incurred by Transnet in calling for

Quotations afresh and/or having to accept any less favourable offer.


Price Schedule

I/We quote as follows for the goods required, on a “delivered nominated destination” basis, excluding VAT:

PROJECT ITEMS PRICE PER PROJECT

ITMES FOR THE

PERIOD OF ONE [1]

MONTH

PRICE PER PROJECT

ITMES FOR THE

PERIOD OF THREE

[3] MONTHS

1. Review available project

documents:

· Traffic study

· Environmental Assessment

· Geotechnical Report

· Property Surveys

2. Design and project Resources:

· Civil Engineer

· Electrical Engineer

· Architect

· Quantity Surveyor

3. Provision of Bill of Quantities (BOQ)

for:

· Detailed road designs

· Detailed designs for water reticulation

systems

· Detailed designs for water tank

· Detailed designs for electrical

reticulation

· Detailed designs for sewer reticulation

· Detailed architectural house designs,

house finishes

· All required fencing (individual erven &

see through fence between new

development and the informal

settlement)

· House interiors (BIC, water and

electricity meter) and exteriors (Geysers,

wash basin)

· Site development plan material

4. Project Reports

5. Disbursements

6. Contingency

TOTAL PRICE EXCLUDING VAT R R

VAT AMOUNT R R

TOTAL PRICE INCLUDING VAT R R


Delivery Lead-Time from date of purchase order: ____________________ [days/weeks]

Notes to Pricing:

a. All Prices must be quoted in South African Rand, exclusive of VAT

b. To facilitate like-for-like comparison bidders must submit pricing strictly in accordance with this

price schedule and not utilise a different format. Deviation from this pricing schedule could result

in a bid being disqualified.

c. Please note that should you have offered a discounted price(s), Transnet will only consider such

price discount(s) in the final evaluation stage if offered on an unconditional basis.

d. All Items on Pricing Schedule must be Priced, failure to so will result in bidders being

disqualified.


SECTION 4

CERTIFICATE OF ACQUAINTANCE WITH RFQ DOCUMENTS

By signing this certificate the Respondent is deemed to acknowledge that he/she has made

himself/herself thoroughly familiar with, and agrees with all the conditions governing this RFQ. This

includes those terms and conditions contained in any printed form stated to form part hereof,

including but not limited to the documents stated below. As such, Transnet will recognise no claim for

relief based on an allegation that the Respondent overlooked any such condition or failed properly to

take it into account in calculating tendered prices or any other purpose:

1. Transnet’s General Bid Conditions*

2. Standard RFQ Terms and Conditions for the supply of Goods or Services to Transnet – ANNEXURE D

3. Transnet’s Supplier Integrity Pact*

4. Non-disclosure Agreement*

5. Vendor Application Form* and all supporting documents (first time vendors only – ANNEXURE C).

Alternatively, for all existing vendors, please complete the table below under the heading “Existing

vendors”.

Respondents are to note that the documents marked with a “*” are available on request or at the

Transnet website (www.transnet.net). Please click on “Business with Us”, proceed to the tab

“Tenders” and then click on “Standard Bid Documents”.

Existing vendors: existing vendors are required to confirm whether all the information (e.g. company address,

contact details, banking details, etc.) relating to the existing vendor number is still correct at the time of submission

of this bid or update their information in the table below:

Transnet Operating

Division [e.g. TFR,

TE, etc.]

Vendor Number Information still

current [tick if

applicable]

Information change [indicate detail

of change/s & attach appropriate

proof]

Should the Bidder find any terms or conditions stipulated in any of the relevant documents quoted in the RFQ

unacceptable, it should indicate which conditions are unacceptable and offer alternatives by written submission on

its company letterhead, attached to its submitted Bid. Any such submission shall be subject to review by Transnet’s

Legal Counsel who shall determine whether the proposed alternative(s) are acceptable or otherwise, as the case

may be. A material deviation from the Standard terms or conditions could result in disqualification.

Bidders accept that an obligation rests on them to clarify any uncertainties regarding any bid to which they intend to

respond, before submitting the bid. The Bidder agrees that he/she will have no claim based on an allegation that

any aspect of this RFQ was unclear but in respect of which he/she failed to obtain clarity.

The bidder understands that his/her Bid will be disqualified if this Certificate of Acquaintance with RFQ documents

included in the RFQ as a returnable document, is found not to be true and complete in every respect.


SIGNED at ___________________________ on this _____ day of __________________________ 20___

SIGNATURE OF WITNESSES ADDRESS OF WITNESSES

1 _____________________ _______________________________________

Name _________________ _______________________________________

2 _____________________ _______________________________________

Name _________________ _______________________________________

SIGNATURE OF RESPONDENT’S AUTHORISED REPRESENTATIVE: ___________________________

NAME: ____________________________________________

DESIGNATION: _____________________________________


SECTION 5

RFQ DECLARATION AND BREACH OF LAW FORM

NAME OF ENTITY: __________________________________________________________________

We ___________________________________________________________ do hereby certify that:

1. Transnet has supplied and we have received appropriate responses to any/all questions [as

applicable] which were submitted by ourselves for RFQ Clarification purposes;

2. we have received all information we deemed necessary for the completion of this Request for

Quotation [RFQ];

3. We have been provided with sufficient access to the existing Transnet facilities/sites and any and all

relevant information relevant to the Supply of the Goods as well as Transnet information and

Employees, and has had sufficient time in which to conduct and perform a thorough due diligence

of Transnet’s operations and business requirements and assets used by Transnet. Transnet will

therefore not consider or permit any pre- or post-contract verification or any related adjustment to

pricing, service levels or any other provisions/conditions based on any incorrect assumptions made

by the Respondent in arriving at his Bid Price.

4. at no stage have we received additional information relating to the subject matter of this RFQ from

Transnet sources, other than information formally received from the designated Transnet contact(s)

as nominated in the RFQ documents;

5. we are satisfied, insofar as our entity is concerned, that the processes and procedures adopted by

Transnet in issuing this RFQ and the requirements requested from Bidders in responding to this RFQ

have been conducted in a fair and transparent manner; and

6. furthermore, we declare that a family, business and/or social relationship exists / does not exist

[delete as applicable] between an owner / member / director / partner / shareholder of our entity

and an employee or board member of the Transnet Group including any person who may be

involved in the evaluation and/or adjudication of this Bid.

7. In addition, we declare that an owner / member / director / partner / shareholder of our entity is /

is not [delete as applicable] an employee or board member of the Transnet Group.

8. If such a relationship as indicated in paragraph 6 and/or 7 exists, the Respondent is to complete the

following section:

FULL NAME OF OWNER/MEMBER/DIRECTOR/ PARTNER/SHAREHOLDER: ADDRESS:

________________________________________________________________________________

________________________________________________________________________________

Indicate nature of relationship with Transnet:

_____________________________________________________________________________________

______________________________________________________________________________

[Failure to furnish complete and accurate information in this regard will lead to the disqualification of a

response and may preclude a Respondent from doing future business with Transnet]


9. We declare, to the extent that we are aware or become aware of any relationship between

ourselves and Transnet [other than any existing and appropriate business relationship with

Transnet] which could unfairly advantage our entity in the forthcoming adjudication process, we

shall notify Transnet immediately in writing of such circumstances.

BREACH OF LAW

10. We further hereby certify that I/we have/have not been [delete as applicable] found guilty

during the preceding 5 [five] years of a serious breach of law, including but not limited to a breach

of the Competition Act, 89 of 1998, by a court of law, tribunal or other administrative body. The

type of breach that the Respondent is required to disclose excludes relatively minor offences or

misdemeanours, e.g. traffic offences. This includes the imposition of an administrative fine or

penalty.

Where found guilty of such a serious breach, please disclose:

NATURE OF BREACH:

_________________________________________________________________________________

_________________________________________________________________________________

________________________________________________________________________

DATE OF BREACH: _____________________________

Furthermore, I/we acknowledge that Transnet SOC Ltd reserves the right to exclude any

Respondent from the bidding process, should that person or entity have been found guilty of a

serious breach of law, tribunal or regulatory obligation.

SIGNED at ___________________________ on this _____ day of ______________________ 20___

For and on behalf of AS WITNESS:

__________________________________

duly authorised hereto

Name: Name:

Position: Position:

Signature: Signature:

Date: Registration No of Company/CC

________________________________________

Place: Registration Name of Company/CC

___________________________________________


SECTION 6

B-BBEE PREFERENCE POINTS CLAIM FORM

This preference form must form part of all bids invited. It contains general information and serves as a claim for

preference points for Broad-Based Black Economic Empowerment [B-BBEE] Status Level of Contribution.

NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL CONDITIONS,

DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN

THE PREFERENTIAL PROCUREMENT REGULATIONS, 2011.

1. GENERAL CONDITIONS

1.1 The following preference point systems are applicable to all bids:

- the 80/20 system for requirements with a Rand value of up to R1 000 000 (all applicable taxes

included); and

- the 90/10 system for requirements with a Rand value above R1 000 000 (all applicable taxes

included).

1.2 The value of this bid is estimated to exceed R1 000 000 (all applicable taxes included) and therefore the

90/10 preference point system shall be applicable.

1.3 Preference points for this bid shall be awarded for:

(a) Price; and

(b) B-BBEE Status Level of Contribution.

1.4 The maximum points for this bid are allocated as follows:

POINTS

PRICE

B-BBEE STATUS LEVEL OF CONTRIBUTION

Total points for Price and B-BBEE must not exceed 100

1.5 Failure on the part of a bidder to submit a B-BBEE Verification Certificate from a Verification Agency

accredited by the South African Accreditation System [SANAS], or a Registered Auditor approved by the

Independent Regulatory Board of Auditors [IRBA] or a sworn affidavit confirming annual turnover and

level of black ownership in case of all EMEs and QSEs with 51% black ownership or more together with the

bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not

claimed.

1.6 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time

subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser.

2. DEFINITIONS

(a) “all applicable taxes” includes value-added tax, pay as you earn, income tax, unemployment

insurance fund contributions and skills development levies;

(b) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad-

Based Black Economic Empowerment Act;

(c) “B-BBEE status level of contributor” means the B-BBEE status received by a measured entity

based on its overall performance using the relevant scorecard contained in the Codes of Good Practice

on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic

Empowerment Act;

(d) “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an organ

of state for the provision of services, works or goods, through price quotations, advertised competitive

bidding processes or proposals;


(e) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic

Empowerment Act, 2003 (Act No. 53 of 2003);

(f) “CIPC” means the Companies and Intellectual Property Commission, formerly known as CIPRO, the

Companies and Intellectual Property Registration Office.

(g) “comparative price” means the price after the factors of a non-firm price and all unconditional

discounts that can be utilized have been taken into consideration;

(h) “consortium or joint venture” means an association of persons for the purpose of combining their

expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract;

(i) “contract” means the agreement that results from the acceptance of a bid by an organ of state;

(j) “EME” means an Exempted Micro Enterprise as defines by Codes of Good Practice under section 9 (1)

of the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003);

(k) “firm price” means the price that is only subject to adjustments in accordance with the actual

increase or decrease resulting from the change, imposition, or abolition of customs or excise duty and

any other duty, levy, or tax, which, in terms of the law or regulation, is binding on the contractor and

demonstrably has an influence on the price of any supplies, or the rendering costs of any service, for

the execution of the contract;

(l) “functionality” means the measurement according to predetermined norms, as set out in the bid

documents, of a service or commodity that is designed to be practical and useful, working or

operating, taking into account, among other factors, the quality, reliability, viability and durability of a

service and the technical capacity and ability of a bidder;

(m) “non-firm prices” means all prices other than “firm” prices;

(n) “person” includes a juristic person;

(o) “QSE” means a Qualifying Small EEnterprise as defines by Codes of Good Practice under section 9 (1)

of the Broad-Based Black Economic Empowerment Act, 2003 ( Act No. 53 of 2003);

(p) “rand value” means the total estimated value of a contract in South African currency, calculated at

the time of bid invitations, and includes all applicable taxes and excise duties;

(q) “sub-contract” means the primary contractor’s assigning, leasing, making out work to, or employing,

another person to support such primary contractor in the execution of part of a project in terms of the

contract;

(r) “total revenue” bears the same meaning assigned to this expression in the Codes of Good Practice

on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic

Empowerment Act and promulgated in the Government Gazette on 9 February 2007;

(s) “trust” means the arrangement through which the property of one person is made over or

bequeathed to a trustee to administer such property for the benefit of another person; and

(t) “trustee” means any person, including the founder of a trust, to whom property is bequeathed in

order for such property to be administered for the benefit of another person.

3. ADJUDICATION USING A POINT SYSTEM

3.1 The bidder obtaining the highest number of total points will be awarded the contract.

3.2 Preference points shall be calculated after prices have been brought to a comparative basis taking into

account all factors of non-firm prices and all unconditional discounts.

3.3 Points scored must be rounded off to the nearest 2 decimal places.

3.4 In the event that two or more bids have scored equal total points, the successful bid must be the one

scoring the highest number of preference points for B-BBEE.

3.5 However, when functionality is part of the evaluation process and two or more bids have scored equal

points including equal preference points for B-BBEE, the successful bid must be the one scoring the

highest score for functionality.


3.6 Should two or more bids be equal in all respects, the award shall be decided by the drawing of lots.

4. POINTS AWARDED FOR PRICE

4.1 THE 90/10 PREFERENCE POINT SYSTEMS

A maximum of 80 or 90 points is allocated for price on the following basis:

90/10

−−=min

min190

P

PPtPs

Where

Ps = Points scored for comparative price of bid under consideration

Pt = Comparative price of bid under consideration

Pmin = Comparative price of lowest acceptable bid

5. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTION

5.1 In terms of Regulation 5 (2) and 6 (2) of the Preferential Procurement Regulations, preference points

must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with

the table below:

B-BBEE Status Level of

Contributor

Number of points

(90/10 system)

1 10

2 9

3 8

4 5

5 4

6 3

7 2

8 1

Non-compliant contributor 0

5.2 A bidder who qualifies as an EME in terms of the B-BBEE Act must submit a sworn affidavit

confirming Annual Total Revenue and Level of Black Ownership. Furthermore EMEs may also

obtain a sworn affidavit from CIPC (formerly CIPRO) Self Service Terminals when registering a business

or filing annual returns. In these instances Transnet would require proof of turnover as well as proof of

ownership. Sworn affidavits must substantially comply with the format that can be obtained on the DTI’s

website at www.dti.gov.za/economic_empowerment/bee_codes.jsp.

5.3 QSEs that are at least 51% Black owned or higher are only required to obtain a sworn

affidavit on an annual basis confirming that the entity has an Annual Total Revenue of R50 million or

less and the entity’s Level of Black ownership.

5.4 A Bidder other than EME or a QSE that is at least 51% Black owned must submit their original and valid

B-BBEE status level verification certificate or a certified copy thereof, substantiating their B-BBEE rating

issued by a Registered Auditor approved by IRBA or a Verification Agency accredited by SANAS.

5.5 A trust, consortium or joint venture, will qualify for points for their B-BBEE status level as a legal entity,

provided that the entity submits their B-BBEE status level certificate.

5.6 A trust, consortium or joint venture will qualify for points for their B-BBEE status level as an

unincorporated entity, provided that the entity submits their consolidated B-BBEE scorecard as if they

were a group structure and that such a consolidated B-BBEE scorecard is prepared for every separate

bid.

5.7 Tertiary Institutions and Public Entities will be required to submit their B-BBEE status level certificates in

terms of the specialized scorecard contained in the B-BBEE Codes of Good Practice.


5.8 A person will not be awarded points for B-BBEE status level if it is indicated in the bid documents that

such a bidder intends sub-contracting more than 25% of the value of the contract to any other

enterprise that does not qualify for at least the points that such a bidder qualifies for, unless the

intended sub-contractor is an EME that has the capability and ability to execute the sub-contract.

5.9 A person awarded a contract may not sub-contract more than 25% of the value of the contract to any

other enterprise that does not have an equal or higher B-BBEE status level than the person concerned,

unless the contract is sub-contracted to an EME that has the capability and ability to execute the sub-

contract.

5.10 Bidders are to note that the rules pertaining to B-BBEE verification and other B-BBEE requirements may

be changed from time to time by regulatory bodies such as National Treasury or the DTI. It is the

Bidder’s responsibility to ensure that his/her bid complies fully with all B-BBEE requirements at the time

of the submission of the bid.

6. BID DECLARATION

6.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following:

7. B-BBEE STATUS LEVEL OF CONTRIBUTION CLAIMED IN TERMS OF PARAGRAPHS 1.4 AND

5.1

7.1 B-BBEE Status Level of Contribution: . = ………(maximum of 10 or 20 points)

(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph

5.1 and must be substantiated by means of a B-BBEE certificate issued by a Verification Agency

accredited by SANAS or a Registered Auditor approved by IRBA or a sworn affidavit.

8. SUB-CONTRACTING

8.1 Will any portion of the contract be sub-contracted?

(Tick applicable box)

YES NO

8.1.1 If yes, indicate:

i) What percentage of the contract will be subcontracted............…………….…………%

ii) The name of the sub-contractor…………………………………………………………..

iii) The B-BBEE status level of the sub-contractor......................................……………..

iv) Whether the sub-contractor is an EME.

(Tick applicable box)

YES NO

9. DECLARATION WITH REGARD TO COMPANY/FIRM

9.1 Name of company/firm:…………………………………………………………………………….

9.2 VAT registration number:……………………………………….…………………………………

9.3 Company registration number:…………….……………………….…………………………….

9.4 TYPE OF COMPANY/ FIRM

� Partnership/Joint Venture / Consortium

� One person business/sole propriety

� Close corporation

� Company

� (Pty) Limited

[TICK APPLICABLE BOX]

9.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES

……………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………..


9.6 COMPANY CLASSIFICATION

� Manufacturer

� Supplier

� Professional service provider

� Other service providers, e.g. transporter, etc.

[TICK APPLICABLE BOX]

9.7 Total number of years the company/firm has been in business:……………………………

9.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the company/firm, certify that

the points claimed, based on the B-BBE status level of contribution indicated in paragraph 7 of the

foregoing certificate, qualifies the company/ firm for the preference(s) shown and I / we acknowledge

that:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as indicated in

paragraph 1 of this form;

iii) In the event of a contract being awarded as a result of points claimed as shown in paragraph 7, the

contractor may be required to furnish documentary proof to the satisfaction of the purchaser that

the claims are correct;

iv) If the B-BBEE status level of contribution has been claimed or obtained on a fraudulent basis or any

of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other

remedy it may have –

(a) disqualify the person from the bidding process;

(b) recover costs, losses or damages it has incurred or suffered as a result of that

person’s conduct;

(c) cancel the contract and claim any damages which it has suffered as a result of

having to make less favourable arrangements due to such cancellation;

(d) restrict the bidder or contractor, its shareholders and directors, or only the

shareholders and directors who acted on a fraudulent basis, from obtaining

business from any organ of state for a period not exceeding 10 years, after the

audi alteram partem (hear the other side) rule has been applied; and

(e) forward the matter for criminal prosecution.

…………………

…………………

….

WITNESSES

1. ……………………


ANNEXURE A [PART 1]

CLAUSE BY CLAUSE COMPLIANCE TO SPECIFICATION

RFQ NUMBER: CRAC-JHB-23088

The compliance response is to contain ONLY the following statement, “Comply” or “Do not comply”.

Bidders Are To Refer To The Specifications For Full Detailed Description For Provision of Professional Service

Providers To Do A required Detailed / Final Designs For A Housing Project At Postmansburg For The Period Of

Three [3] Months.

FAILURE TO FULLY COMPLETE OR COMPLY WITH ANNEXURE A [PART 1] WILL BE REGARDED AS

NON-COMPLIANCE.

COMPLY DO NOT

COMPLY

11.1 ROADS Planning, detailed designs and specifications,

with a complete detailed Bill of Quantities of

paved access roads at a new Municipal

approved township (150 erven) and Stasie

township (60) houses:

• Design of 60mm interlocking brick

internal roads with adequate kerbs.

The design is to be inclusive of

design onto major linking roads.

Intersection designs of these are to

be as per the TIA’s findings and

provincial roads guidelines.

• Drainage: V-drain and underground

storm water pipes where necessary.

An effective storm water

management system, the design

shall take into consideration runoff

from development.

• Signage: Directional signage, road

marking and speed humps where

necessary;

• Provision of detailed as-built

drawings with finishes schedule and

maintenance guidelines.


11.2 WATER

RETICULATION &

WATER TANK

Planning, detailed designs and specifications,


water supply reticulation and a water tank to

accommodate 210 households and 1 x

community centre:

• Design (layout, sizes, materials,

valves etc) of adequate water supply

reticulation and connection to

existing Municipal water

infrastructure.

• Determine the capacity of Municipal

water required to supply the

development of 185 households.

• Water tank: Detailed design and size

quantification for adequate water

storage tank to accommodate 245

households. Cost effective water tank

material to be used.

• Provide Bill of Quantities for the

water tank

• Location: The water tank positioning

must be within the housing

development, with appropriate

height and without posing social and

structural risk to the community.

• Determine the pressure and capacity

of water required to fill and operate

the storage tank.




• Layout of the location of fire

hydrants including Bill of Quantities.

11.3 ELECTRICAL

RETICULATION



electrical supply reticulation and amenities to


community centre:

• Design (layout, cables, kiosks etc) of

adequate electrical supply

reticulation and systems.

• Determine Municipal electricity

capacity required and power factor

correction for 185 households;


• Adequate street lighting

quantification, specification and

location;




• Final designs of electrical distribution

including substations, switch panels

and switchgear, transformers,

cables/conductors and facility

distribution boards.

• Source option for Power Purchase

Agreement for Solar Energy.

11.4 SEWER

RETICULATION



sewer reticulation and amenities to


community centre:

• Design (layout, gradient, sizes,

materials, manholes, rodding eyes

etc) of adequate sewer network

including discharge to existing

Municipal infrastructure.

• Determine the sewer capacity to

accommodate 185 households.




11.5 HOUSES

- 60 houses of 80m² (2

bedroom)

- 90 houses of 90m² (3

bedroom)

Detailed architectural designs and working

drawings of 150 dwelling house(s) with a

complete detailed Bill of Quantities for

construction;

• Design: Strip foundation plaster and

paint brickwork walls houses –

Municipal approved;

• House foundations details with

bending schedule

• Drawings: floor plan(s), sections,

elevations, site layout, boundary

fence design, electrical points layout;

• Typical finishes: steel window and

door frames, timber doors;

• Cost effective roof complete with steel

gutters and downpipes, linked to the


water harvesting facilities;

• Provision of detailed as-built drawings

with finishes schedule, windows and

doors schedules.

• Lighting and power socket layout per

facility/house. Provision to be made

for electric water heating for

likelihood of periods of inadequate

solar energy source.

• Services layout (sewer, water) on

drawing to indicate main line

connection

• Individual house services reticulation

designs

• The cost of the demolition of existing

foundations and cutting of trees on

site.

• See through boundary fence between

new development and informal

settlement.

• Outdoor/external wash basin

11.6 HOUSE INTERIOR • Design and layout of Kitchen and

bedrooms Built in cupboards( BIC)

• BIC Bill of Quantities for 150 houses

and finishes schedule

11.7 SOLAR GEYSERS South African Bureau of Standards (SABS)

approved solar geyser for 150 houses.

• Capacity: 200 litres each

• Bill of Quantities and costing per

geyser

• Provision of solar geyser operation

and maintenance manual.

11.8 WATER &

ELECTRICITY METERS

SABS approved meters for 150 houses.

• Water and electricity meters

compatible to the Municipality

system

• Costing per meter and Bill of

Quantities

• Provision of meter operation and

maintenance manual.

11.9 SITE DEVELOPMENT

PLAN FOR 150 ERVEN

• Site development master plan, with

individual with appropriate

landscaping for the erven.

• Indication of street furniture,


servitudes and major manholes.

11.10 PROJECT

MANAGEMENT

• Provide a detailed project plan with

time frames for completion

• Provide project cash flows for a

period 3 months

• Provide a project methodology and a

quality management plan in the

project execution

11.11 DISBURSEMENT • The project cost estimates to include

the disbursements (travelling costs)

relating to the project.

11.12 General notes

• All designs in the scope must be

detailed designs for construction

• A detailed Bill of Quantities for all

materials in the designs to be

included.

• A detailed designs report should be

provided with total project

construction costs and a cost

breakdown of project items.

• All materials proposed, provide an

indication of the life span and bill of

quantities.

• The services reticulation and detailed

designs i.e. street lighting, storm

water drainage should include the

existing township i.e. the Stasie

community.

• Road works and detailed designs

should include the upgrade of the

adjacent Stasie Community.

• The service provider to check the

size and type of pipes from the

Municipal services.


ANNEXURE A [PART 2]

CLAUSE BY CLAUSE COMPLIANCE TO SPECIFICATION

RFQ NUMBER: CRAC-JHB-23088

The compliance response is to contain ONLY the following statement, “Comply” or “Do not comply”.

Bidders Are To Refer To The Specifications For Full Detailed Description For Provision of Professional Service

Providers To Do A required Detailed / Final Designs For A Housing Project At Postmansburg For The Period Of

Three [3] Months.

FAILURE TO FULLY COMPLETE OR COMPLY WITH ANNEXURE A [PART 2] WILL BE REGARDED AS

NON-COMPLIANCE.

PROJECT ITEMS COMPLY DO NOT COMPLY

1. Review available project documents:

· Traffic study

· Environmental Assessment

· Geotechnical Report

· Property Surveys

2. Design and project Resources:

· Civil Engineer

· Electrical Engineer

· Architect

· Quantity Surveyor

3. Provision of Bill of Quantities (BOQ)

for:

· Detailed road designs

· Detailed designs for water reticulation

systems

· Detailed designs for water tank

· Detailed designs for electrical reticulation

· Detailed designs for sewer reticulation

· Detailed architectural house designs,

house finishes

· All required fencing (individual erven & see

through fence between new development

and the informal settlement)

· House interiors (BIC, water and electricity

meter) and exteriors (Geysers, wash basin)

· Site development plan material

4. Project Reports

5. Disbursements

6. Contingency


ANNEXURE B

RFQ SITE MEETING

A COMPULSORY BRIEFING SESSION WILL BE HELD AT THE FOLLOWING VENUE:

Venue: 8 Hill Side Road, Parktown, Johannesburg, Ground Floor Boardroom.

Time: 12:00 PM

Date: 25 January 2017

The briefing session and site inspection meeting are compulsory and companies not attending will be excluded

from the tendering process.

For direction to briefing, please contact Futhi Mathebula on 011 773 3495 / 071 877 1590 or Kabelo

Monchusi on 011 584 0691 / 083 272 2508

ATTENDANCE CERTIFICATE

This is to certify that………………………………………………………………………..

Representative/s of ….…………………………………………………………………….

Has/have today attended the Tender briefing in respect of the proposed:

………………………………………. ………………………………………..

TRANSNET’S REPRESENTATIVE TENDERER’S REPRESENTATIVE

DATE: …………………………………. DATE: ………………………………….

VERY IMPORTANT

ANY TENDERER NOT ATTENDING THE BRIEFING SESSION WILL AUTOMATICALLY BE EXCLUDED FROM THE BUSINESS AWARDING PROCESS

PLEASE BRING THE VALID TENDER DOCUMENT ON THE DAY OF BRIEFING.

PLEASE NOTE THAT IF YOU DON’T BRING A VALID TENDER DOCUMENT, YOU WILL NOT BE ALLOWED IN THE

BRIEFING SESSION AND ACCESS TO SITE.


ANNEXURE C


ANNXURE D

GENERAL BID CONDITIONS - SERVICES

TABLE OF CONTENTS

1 DEFINITIONS ...........................................................................................................................................

2 GENERAL .................................................................................................................................................

3 SUBMISSION OF BID DOCUMENTS .............................................................................................................

4 USE OF BID FORMS ..................................................................................................................................

5 BID FEES .................................................................................................................................................

6 VALIDITY PERIOD .....................................................................................................................................

7 ITE VISIT / BRIEFING SESSION .................................................................................................................

8 CLARIFICATION BEFORE THE CLOSING DATE .............................................................................................

9 COMMUNICATION AFTER THE CLOSING DATE ............................................................................................

10 UNAUTHORISED COMMUNICATION ABOUT BIDS .....................................................................................

11 POST TENDER NEGOTIATIONS ...............................................................................................................

12 RETURNABLE DOCUMENTS .....................................................................................................................

13 DEFAULTS BY RESPONDENTS .................................................................................................................

14 CURRENCY ............................................................................................................................................

15 PRICES SUBJECT TO CONFIRMATION ......................................................................................................

16 ALTERATIONS MADE BY THE RESPONDENT TO BID PRICES ......................................................................

17 EXCHANGE AND REMITTANCE ................................................................................................................

18 ACCEPTANCE OF BID .............................................................................................................................

19 NOTICE TO UNSUCCESSFUL RESPONDENTS ............................................................................................

20 TERMS AND CONDITIONS OF CONTRACT ................................................................................................

21 CONTRACT DOCUMENTS ........................................................................................................................

22 LAW GOVERNING CONTRACT .................................................................................................................

23 IDENTIFICATION ...................................................................................................................................

24 CONTRACTUAL SECURITIES ...................................................................................................................

25 DELETION OF ITEMS TO BE EXCLUDED FROM BID ...................................................................................

26 VALUE-ADDED TAX ................................................................................................................................

27 IMPORTANT NOTICE TO RESPONDENTS REGARDING PAYMENT ................................................................

28 DELIVERY REQUIREMENTS .....................................................................................................................

29 SPECIFICATIONS AND COPYRIGHT .........................................................................................................

30 BIDS BY OR ON BEHALF OF FOREIGN RESPONDENTS ...............................................................................

31 CONFLICT WITH BID DOCUMENT ...........................................................................................................

32 TRANSNET’S LIST OF EXCLUDED TENDERERS (BLACKLIST) ......................................................................

Transnet Request for Quotation No CRAC-JHB-23088 of 52 RFQ for the Provision of Professional Service Providers To Do A Required Detailed / Final Designs For A Housing Project At

Postmansburg For The Period Of Three [3] Months. Returnable Document

_________________________ ____________________________

Respondent’s Signature Date & Company Stamp

1 DEFINITIONS

Where the following words or phrases are used in this Agreement, such words or phrases shall have the

meaning assigned thereto in this clause, except where the context clearly requires otherwise:

1.1 Bid shall mean a Respondent’s tendered response / proposal to a Transnet RFP or RFQ;

1.2 Bid Document(s) shall mean a reference to a Request for Proposal or Request for Quotation;

1.3 Business Day shall mean any day other than a Saturday, Sunday or public holiday;

1.4 Respondent(s) shall mean a respondent/bidder to a Bid Document;

1.5 RFP shall mean Request for Proposal;

1.6 RFQ shall mean Request for Quotation;

1.7 RFX shall mean RFP or RFQ, as the case may be;

1.8 Services shall mean the services required by Transnet as specified in its Bid Document;

1.9 Service Provider shall mean the successful Respondent;

1.10 Tax Invoice shall mean the document as required by Section 20 of the Value-Added Tax Act, 89

of 1991, as may be amended from time to time;

1.11 Transnet shall mean Transnet SOC Ltd, a State Owned Company; and

1.12 VAT shall mean Value-Added Tax in terms of the Value-Added Tax Act, 89 of 1991, as may be

amended from time to time.

2 GENERAL

All Bid Documents and subsequent contracts and orders shall be subject to the following general

conditions as laid down by Transnet and are to be strictly adhered to by any Respondent to this RFX.

3 SUBMISSION OF BID DOCUMENTS

3.1 A Bid, which shall hereinafter include reference to an RFP or RFQ, shall be submitted to Transnet

no later than the closing date and time specified in accordance with the directions issued in the

Bid Documents. Late Bids will not be considered.

3.2 Bids shall be delivered in a sealed envelope in accordance with the instructions indicated in the Bid

Documents with the Bid number and subject marked on the front of the envelope.

3.3 The Respondent’s return address must be stated on the reverse side of the sealed envelope.

4 USE OF BID FORMS

4.1 Where special forms are issued by Transnet for the submission of Bids, Respondents are required

to submit their Bids by completion of the appropriate sections on such official forms and not in

other forms or documents bearing their own terms and conditions of contract. Non-compliance

with this condition may result in the rejection of a Bid.

4.2 Respondents must note that the original Bid forms must be completed for submission and not a

reprocessed copy thereof.



_________________________ ____________________________


4.3 Only if insufficient space has been allocated for a particular response may a Respondent submit

additional information under separate cover using its company’s letterhead. This must be duly

cross-referenced in the RFX.

5 BID FEES

5.1 A non-refundable fee may be charged for Bid Documents, depending on the administrative cost of

preparing and issuing such Bid Documents.

5.2 Only Respondents that have paid the Bid fee and provided proof of payment when submitting

their Bid will be considered.

6 VALIDITY PERIOD

6.1 Respondents must hold their Bid valid for acceptance by Transnet at any time within the

requested validity period after the closing date of the bid.

6.2 Respondents may be requested to extend their validity period for a specified additional period. In

such instances, Respondents will not be allowed to change any aspect of their Bid, unless they are

able to demonstrate that the proposed change(s) is as a direct and unavoidable consequence of

Transnet’s extension of the validity period.

7 SITE VISIT / BRIEFING SESSION

Respondents may be requested to attend a site visit where it is considered necessary to view the site

prior to the preparation of Bids, or where Transnet deems it necessary to provide Respondents with

additional information relevant to the compilation of their Bids. When such visits or sessions are indicated

as compulsory in the Bid Document, Respondents are obliged to attend these meetings as failure to do so

will result in their disqualification.

8 CLARIFICATION BEFORE THE CLOSING DATE

Should clarification be required on any aspect of the RFX before the closing date, the Respondent must

direct such queries to the contact person identified in the Bid Document.

9 COMMUNICATION AFTER THE CLOSING DATE

After the closing date of a Bid [i.e. during the evaluation period] the Respondent may only communicate

with the Chairperson or Secretary of the relevant Acquisition Council.

10 UNAUTHORISED COMMUNICATION ABOUT BIDS

Where Bids are submitted to the Secretary of an Acquisition Council, Respondents may at any time

communicate with the Secretary on any matter relating to its Bid but, in the absence of written authority

from the Secretary, no communication on a question affecting the subject of a Bid shall take place

between Respondents or other potential service providers or any member of the Acquisition Council or

official of Transnet during the period between the closing date for the receipt of the Bid and the date of

the notification of the successful Respondent(s). A Bid, in respect of which any such unauthorised

communication has occurred, may be disqualified.



_________________________ ____________________________


11 POST TENDER NEGOTIATIONS

Transnet reserves the right to conduct post tender negotiations with the preferred bidder or a shortlist of

preferred bidders. Should Transnet decide to conduct post tender negotiations, bidders will be requested

to provide their best and final offers to Transnet based on such negotiations. A final evaluation will be

conducted in terms of 80/20 or 90/10 (whichever is applicable) and the contract will be negotiated and

awarded to the successful bidder(s).

12 RETURNABLE DOCUMENTS

All returnable documents listed in the RFX Documents must be submitted with Respondent’s Bid. Failure

to submit mandatory returnable schedules / documents will result in disqualification. Failure to submit

other schedules / documents may result in disqualification.

13 DEFAULTS BY RESPONDENTS

If the Respondent, after it has been notified of the acceptance of its Bid fails to:

13.1 enter into a formal contract when called upon to do so within such period as Transnet may

specify; or

13.2 accept an order in terms of the Bid;

13.3 furnish satisfactory security when called upon to do so for the fulfilment of the contract; or

13.4 comply with any condition imposed by Transnet,

Transnet may, in any such case, without prejudice to any other legal remedy which it may have, proceed

to accept any other Bid or, if it is necessary to do so, call for Bids afresh, and may recover from the

defaulting Respondent any additional expense incurred by Transnet in calling for new offers or in

accepting a less favourable offer.

14 CURRENCY

All monetary amounts referred to in a Bid response must be in Rand, the currency of the Republic of

South Africa [ZAR], save to the extent specifically permitted in the RFX.

15 PRICES SUBJECT TO CONFIRMATION

15.1 Prices which are quoted subject to confirmation will not be considered.

15.2 Firm prices quoted for the duration of any resulting order and/or contract will receive precedence

over prices which are subject to fluctuation if this is in Transnet’s best interests.

16 ALTERATIONS MADE BY THE RESPONDENT TO BID PRICES

All alterations made by the Respondent to its Bid price(s) prior to the submission of its Bid Documents

must be done by deleting the incorrect figures and words where required and by inserting the correct

figures and words against the items concerned. All such alterations must be initialled by the person who

signs the Bid Documents. Failure to observe this requirement may result in the particular item(s)

concerned being excluded in the matter of the award of the business.



_________________________ ____________________________


17 EXCHANGE AND REMITTANCE

17.1 The Respondent should note that where the whole or a portion of the contract or order value is to

be remitted overseas, Transnet shall, if requested to do so by the Service Provider, effect payment

overseas directly to the foreign principal of such percentage of the contract or order value as may

be stipulated by the Respondent in its Bid Documents.

17.2 It is Transnet’s preference to enter into Rand-based agreements. Transnet would request,

therefore, that the Respondent give favourable consideration to obtaining forward exchange cover

on the foreign currency portion of the Agreement at a cost that is acceptable to Transnet to

protect itself against any currency rate fluctuation risks for the duration of any resulting contract

or order.

17.3 The Respondent who desires to avail itself of the aforementioned facility must at the time of

bidding furnish the information called for in the Exchange and Remittance section of the Bid

Documents and also furnish full details of the principals to whom payment is to be made.

17.4 The South African Reserve Bank’s approval is required before any foreign currency payments can

be made to or on behalf of Respondents.

17.5 Transnet will not recognise any claim for adjustment of the order and/or contract price if the

increase in price arises after the date on which agreement on an overall Rand contract has been

reached.

17.6 Transnet reserves the right to request a pro-forma invoice/tax invoice in order to ensure

compliance with the contract and Value-Added Tax Act no. 89 of 1991 [VAT Act].

18 ACCEPTANCE OF BID

18.1 Transnet does not bind itself to accept the lowest priced or any Bid.

18.2 Transnet reserves the right to accept any Bid in whole or in part.

18.3 Upon the acceptance of a Bid by Transnet, the parties shall be bound by these General Bid

Conditions and any contractual terms and/or any schedule of “Special Conditions” or otherwise

which form part of the Bid Documents.

18.4 Where the Respondent has been informed by Transnet per fax message or email of the

acceptance of its Bid, the acknowledgement of receipt transmitted shall be regarded as proof of

delivery to the Respondent.

19 NOTICE TO UNSUCCESSFUL RESPONDENTS

Unsuccessful Respondents shall be advised in writing that their Bids have not been accepted as soon as

possible after the closing date of the Bid. On award of business to the successful Respondent all

unsuccessful Respondents shall be informed of the name of the successful Respondent and of the reason

as to why their Bids have not been successful.

20 TERMS AND CONDITIONS OF CONTRACT

20.1 The Service Provider shall adhere to the Terms and Conditions of Contract issued with the Bid

Documents, together with any schedule of “Special Conditions” or otherwise which form part of

the Bid Documents.



_________________________ ____________________________


20.2 Should the Respondent find any conditions unacceptable, it should indicate which conditions are

unacceptable and offer amendments/ alternatives by written submission on its company

letterhead. Any such submission shall be subject to review by Transnet’s Legal Counsel who shall

determine whether the proposed amendments/ alternative(s) are acceptable or otherwise, as the

case may be.

21 CONTRACT DOCUMENTS

21.1 The contract documents will comprise these General Bid Conditions, the Terms and Conditions of

Contract and any schedule of “Special Conditions” which form part of the Bid Documents.

21.2 The abovementioned documents together with the Respondent’s Bid response will constitute the

contract between the parties upon receipt by the Respondent of Transnet’s letter of award /

intent, subject to all additional amendments and/or special conditions thereto as agreed to by the

parties.

21.3 Should Transnet inform the Respondent that a formal contract will be signed, the abovementioned

documents together with the Respondent’s Bid response [and, if any, its covering letter and any

subsequent exchange of correspondence] as well as Transnet’s Letter of Acceptance/Intent, shall

constitute a binding contract until the final contract is signed.

22 LAW GOVERNING CONTRACT

The law of the Republic of South Africa shall govern the contract created by the acceptance of a Bid. The

domicilium citandi et executandi shall be a place in the Republic of South Africa to be specified by the

Respondent in its Bid at which all legal documents may be served on the Respondent who shall agree to

submit to the jurisdiction of the courts of the Republic of South Africa. A foreign Respondent shall,

therefore, state in its Bid the name of its authorised representative in the Republic of South Africa who is

empowered to sign any contract which may be entered into in the event of its Bid being accepted and to

act on its behalf in all matters relating to the contract.

23 IDENTIFICATION

If the Respondent is a company, the full names of the directors shall be stated in the Bid. If the

Respondent is a close corporation, the full names of the members shall be stated in the Bid. If the

Respondent is a partnership or an individual trading under a trade name, the full names of the partners

or of such individual, as the case may be, shall be furnished.

24 CONTRACTUAL SECURITIES

24.1 The successful Respondent, when called upon to do so, shall provide security to the satisfaction of

Transnet for the due fulfilment of a contract or order. Such security shall be in the form of an

advanced payment guarantee [APG] and/or a performance bond [Performance Bond], as the

case may be, to be furnished by an approved bank, building society, insurance or guarantee

corporation carrying on business in South Africa.

24.2 The security may be applied in whole or part at the discretion of Transnet to make good any loss

or damage which Transnet may incur in consequence of a breach of the contract or any part

thereof.



_________________________ ____________________________


24.3 Such security, if required, shall be an amount which will be stipulated in the Bid Documents.

24.4 The successful Respondent shall be required to submit to Transnet or Transnet’s designated

official the specified security document(s) within 30 [thirty] calendar days from the date of

signature of the contract. Failure to return the securities within the prescribed time shall, save

where prior extension has been granted, entitle Transnet without notice to the Service Provider to

cancel the contract with immediate effect.

24.5 Additional costs incurred by Transnet necessitated by reason of default on the part of the Service

Provider in relation to the conditions of this clause 24 will be for the account of the Service

Provider.

25 DELETION OF ITEMS TO BE EXCLUDED FROM BID

The Respondent must delete items for which it has not tendered or for which the price has been included

elsewhere in its Bid.

26 VALUE-ADDED TAX

26.1 In respect of local Services, i.e. Services to be rendered in the Republic of South Africa, the prices

quoted by the Respondent are to be exclusive of VAT which must be shown separately at the

standard rate on the Tax Invoice.

26.2 In respect of foreign Services rendered:

the invoicing by a South African Service Provider on behalf of its foreign principal rendering such

Service represents a Service rendered by the principal; and

the Service Provider’s Tax Invoice(s) for the local portion only [i.e. the "commission" for the

Services rendered locally] must show the VAT separately.

27 IMPORTANT NOTICE TO RESPONDENTS REGARDING PAYMENT

27.1 Method of Payment

The attention of the Respondent is directed to the Terms and Conditions of Contract which set out

the conditions of payment on which Bid price(s) shall be based.

However, in addition to the aforegoing the Respondent is invited to submit offers based on

alternative methods of payment and/or financing proposals.

The Respondent is required to give full particulars of the terms that will be applicable to its

alternative offer(s) and the financial merits thereof will be evaluated and taken into

consideration when the Bid is adjudicated.

The Respondent must, therefore, in the first instance, tender strictly in accordance with clause

27.10 above. Failure to comply with clause 27.10 above may preclude a Bid from further

consideration.

NOTE: The successful Respondent [the Service Provider], where applicable, shall be required to

furnish a guarantee covering any advance payments, as set out in clause 24 above [Contractual

Securities].



_________________________ ____________________________


27.2 Conditional Discount

Respondents offering prices which are subject to a conditional discount applicable for payment

within a specific period are to note that the conditional period will be calculated from the date of

receipt by Transnet of the Service Provider’s month-end statement reflecting the relevant Tax

Invoice(s) for payment purposes, provided the conditions of the order or contract have been

fulfilled and the Tax Invoice is correct in all respects in terms of the contract or order. Incomplete

and/or incorrect Tax Invoices shall be returned and the conditional discount period will be

recalculated from the date of receipt of the correct documentation.

28 DELIVERY REQUIREMENTS

28.1 Period Contracts

It will be a condition of any resulting contract/order that the delivery period embodied therein will

be governed by the provisions of the Terms and Conditions of Contract.

28.2 Progress Reports

The Service Provider may be required to submit periodical progress reports with regard to the

delivery of the Services.

28.3 Emergency Demands as and when required

If, due to unforeseen circumstances, the rendering of the Services covered by the Bid are required

at short notice for immediate delivery, the Service Provider will be given first right of refusal for

such business. If it is unable to meet the desired critical delivery period, Transnet reserves the

right to purchase such services as may be required to meet the emergency outside the contract if

immediate delivery can be offered from any other source. The “Total or Partial Failure to Perform

the Scope of Services” section in the Terms and Conditions of Contract will not be applicable in

these circumstances.

29 SPECIFICATIONS AND COPYRIGHT

29.1 Specifications

The Respondent should note that, unless notified to the contrary by Transnet or a designated

official by means of an official amendment to the Bid Documents, it is required to tender for the

Services strictly in accordance with the specifications supplied by Transnet.

29.2 Copyright

Copyright in plans, drawings, diagrams, specifications and documents compiled by the Service

Provider for the purpose of contract work shall be governed by the Intellectual Property Rights

section in the Terms and Conditions of Contract.

30 BIDS BY OR ON BEHALF OF FOREIGN RESPONDENTS

30.1 Bids submitted by foreign principals may be forwarded directly by the principals or by its South

African representative or agent to the Secretary of the Acquisition Council or to a designated

official of Transnet according to whichever officer is specified in the Bid Documents.



_________________________ ____________________________


30.2 In the case of a representative or agent, written proof must be submitted to the effect that such

representative or agent has been duly authorised to act in that capacity by the principal. Failure to

submit such authorisation by the representative or agent shall disqualify the Bid.

30.3 When legally authorised to prepare and submit Bids on behalf of their principals not domiciled in

the Republic of South Africa, representatives or agents must compile the Bids in the names of

such principals and sign them on behalf of the latter.

30.4 South African representatives or agents of a successful foreign Respondent must when so required

enter into a formal contract in the name of their principals and must sign such contract on behalf

of the latter. In every such case a legal Power of Attorney from their principals must be furnished

to Transnet by the South African representative or agents authorising them to enter into and sign

such contract.

Such Power of Attorney must comply with Rule 63 [Authentication of documents executed outside

the Republic for use within the Republic] of the Uniform Rules of Court: Rules regulating

the conduct of the proceedings of the several provincial and local divisions of the Supreme

Court of South Africa.

The Power of Attorney must be signed by the principal under the same title as used in the Bid

Documents.

If a Power of Attorney held by the South African representative or agent includes matters of a

general nature besides provision for the entering into and signing of a contract with

Transnet, a certified copy thereof should be furnished.

The Power of Attorney must authorise the South African representative or agent to choose the

domicilium citandi et executandi as provided for in the Terms and Conditions of Contract.

30.5 If payment is to be made in South Africa, the foreign Service Provider [i.e. the principal, or its

South African agent or representative], must notify Transnet in writing whether, for payment by

electronic funds transfer [EFT]:

funds are to be transferred to the credit of the foreign Service Provider's account at a bank in

South Africa, in which case the name and branch of such bank shall be furnished; or

funds are to be transferred to the credit of its South African agent or representative, in which case

the name and branch of such bank shall be furnished.

31 CONFLICT WITH BID DOCUMENT

Should a conflict arise between these General Bid Conditions and the Bid Document issued, the

conditions stated in the Bid Document shall prevail.

32 TRANSNET’S LIST OF EXCLUDED TENDERERS (BLACKLIST)

32.1 All the stipulations around Transnet’s blacklisting process as laid down in Transnet’s Supply Chain

Policy and Procurement Procedures Manual are included herein by reference. Below follows a

condensed summary of this blacklisting procedure.

32.2 Blacklisting is a mechanism used to exclude a company/person from future business with Transnet

for a specified period. The decision to blacklist is based on one of the grounds for blacklisting. The



_________________________ ____________________________


standard of proof to commence the blacklisting process is whether a “prima facie” (i.e. on the face

of it) case has been established.

32.3 Depending on the seriousness of the misconduct and the strategic importance of the

Goods/Services, in addition to blacklisting a company/person from future business, Transnet may

decide to terminate some or all existing contracts with the company/person as well.

32.4 A supplier or contractor to Transnet may not subcontract any portion of the contract to a

blacklisted company.

32.5 Grounds for blacklisting include: If any person/Enterprise which has submitted a Bid, concluded a

contract, or, in the capacity of agent or subcontractor, has been associated with such Bid or

contract:

a) Has, in bad faith, withdrawn such Bid after the advertised closing date and time for the

receipt of Bids;

b) has, after being notified of the acceptance of his Bid, failed or refused to sign a contract

when called upon to do so in terms of any condition forming part of the bid documents;

c) has carried out any contract resulting from such bid in an unsatisfactory manner or has

breached any condition of the contract;

d) has offered, promised or given a bribe in relation to the obtaining or execution of the

contract;

e) has acted in a fraudulent or improper manner or in bad faith towards Transnet or any

Government Department or towards any public body, Enterprise or person;

f) has made any incorrect statement in a certificate or other communication with regard to

the Service or his B-BBEE status and is unable to prove to the satisfaction of Transnet that:

(i) he made the statement in good faith honestly believing it to be correct; and

(ii) before making such statement he took all reasonable steps to satisfy himself of its

correctness;

g) caused Transnet damage, or to incur costs in order to meet the contractor’s requirements

and which could not be recovered from the contractor;

h) has litigated against Transnet in bad faith.

32.6 Transnet recognizes that trust and good faith are pivotal to its relationship with its suppliers.

When a dispute arises between Transnet and its supplier, the parties should use their best

endeavours to resolve the dispute in an amicable manner, whenever possible. Litigation in bad

faith negates the principles of trust and good faith on which commercial relationships are based.

Accordingly, Transnet will not do business with a company that litigates against it in bad faith or is

involved in any action that reflects bad faith on its part. Litigation in bad faith includes, but is not

limited to the following instances:



_________________________ ____________________________


a) Vexatious proceedings. These are frivolous proceedings which have been instituted without

proper grounds;

b) Perjury. Where a supplier commits perjury either in giving evidence or on affidavit;

c) Scurrilous allegations. Where a supplier makes allegations regarding a senior Transnet

employee which are without a proper foundation, scandalous, abusive or defamatory.

d) Abuse of court process. When a supplier abuses the court process in order to gain a

competitive advantage during a bid process.

32.7 Where any person or Enterprise has been found guilty by a court of law, tribunal or other

administrative body of a serious breach of any law, during the preceding 5 Years, such

person/Enterprise may also be blacklisted. Serious breaches of the law would include but are not

limited to corruption, fraud, theft, extortion, or contraventions of the Competition Act 89 of 1998

(e.g. collusive tendering). This process excludes minor convictions such as traffic offences or

personal disagreements between parties which have no bearing on the business operations of the

person or Enterprise.

32.8 Grounds for blacklisting include a company/person recorded as being a company or person

prohibited from doing business with the public sector on National Treasury’s database of

Restricted Suppliers or Register of Tender Defaulters.

32.9 Companies associated with the person/s guilty of misconduct (i.e. entities owned, controlled or

managed by such persons), any companies subsequently formed by the person(s) guilty of the

misconduct and/or an existing company where such person(s) acquires a controlling stake may be

considered for blacklisting. The decision to extend the blacklist to associated companies will be at

the sole discretion of Transnet.

32.10 Any person or enterprise or company against whom a decision to blacklist has been taken, may

make representations to the Chief Financial Officer of Transnet SOC Ltd, whose decision shall be

final.



_________________________ ____________________________


RFQ ANNEXURES:

ANNEXURE A: COMPLAINCE TO SPECIFICATION (CLAUSE BY CLAUSE DECALRATION) PART 1 & PART 2.

ANNEXURE B: CERTIFICATE OF ATTENDANCE OF COMPULSORY RFQ BRIEFING.

ANNEXURE C: SUPPLIER DECLARATION FORM (VENDOR FORM).

ANNEXURE D: GENERAL BID CONDITIONS.